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Mississippi Restrictions on Medical Marijuana Advertising Upheld by Federal Judge

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JACKSON, Miss. (AP) — A federal judge has dismissed a lawsuit filed by the owner of a medical marijuana dispensary who sued Mississippi over state regulations that he says censor business owners by preventing them from advertising in most media.

In a Monday ruling, U.S. District Judge Michael P. Mills said he agreed with Mississippi’s argument that since the possession of marijuana remains illegal under federal law, it is not a “lawful activity,” and therefore does not enjoy the constitutional protections granted to some forms of commercial speech.

After Mississippi legalized medical marijuana for people with debilitating conditions in 2022, Clarence Cocroft II opened Tru Source Medical Cannabis in Olive Branch, Mississippi. But he says he has struggled to reach customers because the state has banned medical marijuana businesses from advertising in any media.

Mills said unraveling Mississippi’s restrictions on marijuana advertising would be a “drastic intrusion upon state sovereignty.”

“This is particularly true considering the fact that, by legalizing marijuana to any degree, the Mississippi Legislature has gone further than Congress itself has been willing to go,” Mills wrote. “In light of this fact, on what basis would a federal court tell the Mississippi Legislature that it was not entitled to dip its toe into the legalization of marijuana, but, instead, had to dive headfirst into it?”

In a statement Tuesday, Cocroft maintained that Mississippi’s regulations violate the First Amendment rights of businesses. He plans to appeal the decision to the 5th U.S. Circuit Court of Appeals.

“I’m prepared to fight this fight for as long as it takes,” Cocroft said. “This case is bigger than me and my dispensary – it is about defending the right of everyone to truthfully advertise their legal business in the cannabis industry.”

Cocroft, who is represented by the Institute for Justice, a nonprofit libertarian law firm, sued the state’s Department of Health, Department of Revenue and Alcoholic Beverage Control Bureau. Cocroft has said he cannot place ads in newspapers or magazines, on television or radio, or even on billboards that he already owns.

The state cannot prevent dispensaries from placing “appropriate signs” on their properties or displaying products they sell on their websites. All other advertising restrictions are up to the state Health Department, which prohibits dispensaries from advertising or marketing “in any media.” Those regulations are unconstitutional, Cocroft’s attorneys argue.

“When Mississippi legalized medical marijuana, it relinquished its power to censor speech by medical marijuana businesses,” said Ari Bargil, an Institute for Justice attorney. “If a product is legal to sell, then it is legal to talk about selling it.”

While President Joe Biden pardoned thousands of people who were convicted of use and simple possession of marijuana on federal lands, marijuana remains a controlled substance under federal law. As long as marijuana remains illegal under federal law, states have leeway to regulate how the substance is advertised, Mills ruled.

“Plaintiffs thus argue that Congress and President Biden have ‘all but’ made the possession of marijuana lawful, which strikes this court as a tacit admission that it still remains illegal under federal law,” Mills wrote.

Michael Goldberg is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow him at @mikergoldberg.

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Photos You Should See – May 2024

TOPSHOT - A woman wades through flood waters at an inundated residential area in Garissa, on May 9, 2024. Kenya is grappling with one of its worst floods in recent history, the latest in a string of weather catastrophes, following weeks of extreme rainfall scientists have linked to a changing climate. At least 257 people have been killed and more than 55,000 households have been displaced as murky waters submerge entire villages, destroy roads and inundate dams. (Photo by LUIS TATO / AFP) (Photo by LUIS TATO/AFP via Getty Images)





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Voters to Decide on Medical Cannabis Access Measures

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Nebraska Marijuana Laws

Nebraska voters will decide this Election Day on a pair of citizen-initiated ballot measures regulating medical cannabis access to authorized patients.

State regulators last week affirmed that advocates Nebraskans for Medical Marijuana had gathered the requisite number of signatures to place the measures before voters.

The two measures are complementary. The first permits qualified patients to possess and use cannabis. The second measure regulates the production and distribution of cannabis to those authorized patients. Advocates had to frame the issue as two separate ballot questions in order to not run afoul of the state’s ‘single subject’ rule. In 2020, the state Supreme Court invalidated a similar stand-alone measure for addressing issues that it deemed were “not naturally and necessarily connected to the [initiative’s] primary purpose.” A 2022 effort failed to obtain sufficient signatures to qualify for the ballot.

“States have a proven track record of safely and effectively regulating medical marijuana,” NORML’s Deputy Director Paul Armentano said. “After November, Nebraskans will no longer be forced to choose between their medicine or their freedom.”

Thirty-eight states, the District of Columbia, and several US territories regulate medical cannabis products. Statewide polling indicates that between 70 percent and 80 percent of Nebraskans support legalizing medical marijuana access.

Nebraska is one of at least four states where cannabis-related initiatives will appear on November’s ballot. Voters in Florida, North Dakota, and South Dakota, who also will be deciding on adult-use legalization measures this fall.

In Texas, voters in the cities of Bastrop (population 11,200), Dallas (population: 1.3 million), and Lockhart (population 15,000) will decide on municipal ballot measures prohibiting local law enforcement from making low-level marijuana-related arrests.

Additional Election 2024 coverage is available from NORML.



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Meet Your Endocannabinoid System » Emily Kyle, MS, RDN

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Hi, I’m Emily Kyle!

I’m a Registered Dietitian and Holistic Cannabis Practitioner, and it is my mission to teach you how to harness the power of the cannabis plant to naturally manage the stress of every day life so you can bring back joy, build better relationships, and live a better quality of life.

Cannabis changed my life, and it can change yours, too.



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Bliss Sleep Gummies » Shop with Emily Kyle

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Recommended Use

  • Take 1-2 gummies at a time, depending on your tolerance level
  • Adjust your serving size as needed
  • Take 30 minutes before bed, depending on your needs
  • Wide-mouth jars with child-resistant lids
  • Keep out of reach of children
  • Individual results may vary

Ingredients

Organic cane sugar, distilled water, organic tapioca syrup, fruit pectin, organic vanilla, and chamomile flavor extract, citric acid, potassium citrate, fruit & vegetable extracts for color, and natural terpenes.

A picture of Emily Kyle's Bliss Sleep gummies label.

DESCRIPTION

These vanilla chamomile sleep gummies aren’t just any ordinary gummies.

They’re specially crafted with your peaceful slumber in mind, designed to help you fall asleep faster and stay asleep longer.

Each Sleepy Bliss Gummy is infused with a powerful blend of 5mg ∆9-THC, 5mg CBN, and 5mg CBD. This trio works harmoniously to lull you into a state of deep relaxation, preparing your body and mind for a night of restorative sleep.

We’ve made sure that dosing is as simple as possible. No more complicated measurements or guesswork. With our simplified dosing, you can easily take your daily serving and enjoy the benefits of these gummies without any hassle.

These Sleepy Bliss Gummies contain a blend of various Indica strains, making them perfect for winding down after a long day or enjoying a restful weekend.

Whether you’re winding down after a long day or looking for a relaxing way to spend your weekend, Sleepy Bliss Gummies are your go-to choice.

And the best part? NO groggy, foggy, or hungover feeling in the morning!

A picture of Emily Kyles Bliss Sleep Gummies.

A Safe & Legal Option

Many ask, “How can these gummies contain 5mg of THC and be less than 0.3% THC?” 🤔

The answer is found in math. Each gummy weighs 5 grams or 5,000 milligrams. And 0.3% of 5,000 = 15 milligrams. That means this product is under the legal limit.

Therefore, these gummies contain less than 0.3% Δ9-THC by weight of each teaspoon, making them Federally legal under the 2018 Farm Bill.

And yes, these gummies are exclusively made with delta-9 THC; we do not sell or support delta-8 THC products at this time.

We absolutely understand your hesitation in ordering cannabis online.

Even with the increasing acceptance of cannabis, plenty of challenges still come with it, making it understandable if you feel uncertain. We assure you this purchase is legal and worth every penny.

Lab Testing

Independent, third-party lab testing ensures that only the highest quality product is delivered to you. Our lab test results are produced by SC Labs, formerly Botanacor Laboratories. Each product is thoroughly tested to ensure purity, potency, and effect. Free from microbial contaminants, heavy metals, and residual solvents – quality is our standard! You can cross-check our promise by reviewing the lab test in the image gallery of each product.

The Highest Quality

All Emily Kyle products are processed in Denver, Colorado, by VivaOil, LLC. Our products are proudly made in the USA in a third-party tested, cGMP, FDA-registered & certified facility.

Our products are formulated with more than just THC and CBD. We include minor cannabinoids and a blend of terpenes known to enhance wellness. Through gentle CO2 extraction, we capture the whole plant with a range of cannabinoids and terpenes. These compounds work together synergistically to enhance results. Beyond taste and flavor, they provide a wealth of potential health benefits. Terpenes and minor cannabinoids are essential ingredients to a true full-spectrum experience.

Shipping Options

We ship packages with the United States Postal Services (USPS). All shipments are legal based on their hemp-based product requirements. Your package will arrive in an unmarked box or envelope for discrete arrival. Unfortunately, current laws prevent us from shipping to any country outside of the US at this time.

Additional Questions

Have more questions about shopping with us? Read our Frequently Asked Questions or email us at support@emilykylenutrition.com. A member of our team will be happy to help you out!

Please Note

These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease. This product should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult a physician before use if you have a serious medical condition or use prescription medications. A Doctor’s advice should be sought before using this and any supplemental product. By using this site, you agree to follow the Privacy Policy and all Terms & Conditions printed on this site. Void where Prohibited by Law. Our products contain less than 0.3% THC.



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